Britain’s Supreme Court has ruled that the Conservative government’s contentious plan to send some migrants on a one-way trip to Rwanda is illegal, striking a major blow to a key policy of Prime Minister Rishi Sunak’s administration that has drawn international attention and criticism.
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Five judges on the UK’s top court said Wednesday that asylum-seekers would be “at real risk of ill-treatment” because they could be sent back to their home countries once they were in Rwanda.
Britain and Rwanda signed a deal in April 2022 to send some migrants who arrive in the UK across the English Channel to Kigali, where their asylum claims would be processed and, if successful, they would stay.
Britain’s government argues that the Rwanda policy will deter people from risking their lives crossing one of the world’s busiest shipping lanes, and will break the business model of people-smuggling gangs.
Opposition politicians, refugee groups and human rights organizations say the plan is unethical and unworkable.
No one had been deported to the country while the plan was being challenged in the courts.
Following the decision, Prime Minister Sunak said that he would consider next steps, saying, “This was not the outcome we wanted, but we have spent the last few months planning for all eventualities and we remain completely committed to stopping the boats.”
🚨#Rwanda policy found unlawful🚨
This was a policy which, legality aside, should never have even been suggested, let alone going this far. This must be the end of policies which put vulnerable people at more risk, and in more fear. We need policies which focus on protection. pic.twitter.com/3c5zT9NAgK
— Migrant Voice 🧡 (@MigrantVoiceUK) November 15, 2023
‘Not a safe third country’
Reading the unanimous decision, President of the Supreme Court Robert Reed said Rwanda could not be relied on to keep the promises not to mistreat asylum-seekers sent from Britain.
He cited the country’s poor human rights record, including enforced disappearances and torture, and practiced “refoulement” – sending migrants back to home countries where they could be at risk.
The first deportation flight was stopped at the last minute in June 2022, when the European Court of Human Rights intervened.
Though in December, the High Court in London ruled that the Rwanda plan was legal, but that the government must consider the individual circumstances of each case before putting anyone on a plane.
By June, the Court of Appeal backed a challenge by asylum-seekers from countries including Syria, Vietnam and Iran.
The court ruled that the plan was unlawful because Rwanda is not a “safe third country” and there was a risk that migrants sent there would be returned to the home countries they had fled.
That was challenged at the Supreme Court by the government, which argued at a hearing last month that it had thoroughly assessed the risks and would ensure that Rwanda’s government abides by its agreement to protect migrants’ rights.
Good news everyone, the Rwanda deal has been shown to be illegal. Here’s my analysis of why this matters and what might happen next.
I have long felt the #rwanda deal was immoral and now it has been proved, again, that it is also illegal.
Well done to all those who fought so… pic.twitter.com/hbuGlCnyfw
— Dr Krish Kandiah OBE (@krishk) November 15, 2023
Fewer Channel crossings in 2023
Much of Europe and the US is struggling with how best to cope with migrants seeking refuge from war, violence, oppression and a warming planet that has brought devastating drought and floods.
Britain receives fewer asylum-seekers than many European nations, including Germany, France and Italy.
Thousands of migrants from around the world travel to northern France each year in hopes of crossing the Channel.
More than 27,300 migrants have crossed the Channel this year, with the year’s total on track to be fewer than the 46,000 who made the journey in 2022.
The UK government maintains that it shows its tough approach is working, though others cite factors including the weather.
Sacked Braverman’s hard line
The Rwanda policy was championed by sacked Home Secretary Suella Braverman, who was fired by Sunak on Monday over a series of intemperate statements that deviated from the government line.
In the weeks before her sacking she described migrants as a “hurricane” headed for Britain, called homelessness a “lifestyle choice” and accused police of being too lenient with pro-Palestinian protesters.
Braverman has also called for the UK to leave the European Convention on Human Rights and its court if the Rwanda plan is blocked.
Sunak’s government had said it would aim to strike similar deportation deals with other countries if the Rwanda plan succeeds, arguing that several other European countries are considering similar ideas, with the EU exploring setting up processing centers on the bloc’s borders to screen people as they arrive.
